Wright v. Wynn
| Citation | 682 So.2d 1 |
| Parties | Charles WRIGHT v. Paul WYNN. 1950566. |
| Decision Date | 03 July 1996 |
| Court | Alabama Supreme Court |
The opinion of May 3, 1996, is withdrawn and the following opinion is substituted therefor.
The defendant, Charles Wright, appeals from a judgment entered on a $20,000 jury verdict for the plaintiff, Paul Wynn, in this action seeking damages for false imprisonment and assault and battery. We reverse and remand.
The evidence, viewed in the light most favorable to Wynn, indicates the following:
On May 12, 1992, Wynn was visiting his daughter's home. Around 10:00 p.m., he walked onto her porch. At about the same time, Wright, an Alabama state trooper, had begun to pursue a speeding truck whose driver was attempting to elude Wright. The truck turned into the driveway of Wynn's daughter's home, and the driver got out of the truck and began running toward Wynn. Wynn called to the driver, who did not stop; Wynn chased the driver and threw a "swing blade" garden tool at the driver. Wright, who had radioed to headquarters the license plate number of the truck, got out of his car and ran toward Wynn with his gun drawn and aimed at Wynn, and shouted to Wynn,
While the driver of the truck fled, Wynn tried to explain to Wright that the man he was chasing had run away. Wright, however, reached for Wynn and said, "Get your ass on the ground or I'm going to blow your [deleted] head off." Wright, holding one of Wynn's arms, forced Wynn to the ground and then straddled him, with a knee in his back. Although Wynn continued to try to explain who he was, Wright continued to curse Wynn as he handcuffed him. Wright then ordered Wynn to get up and, when Wynn told him he was unable to get up quickly, Wright said to Wynn, "I will get your ass up," and then, using only one hand to hold Wynn's handcuffed arms, Wright lifted Wynn from the ground. When Wynn complained of pain and stated that he believed Wright had broken his shoulder, Wright told Wynn, "I will break your damn neck if you don't shut up." Wright then took Wynn to his patrol car, and as he did so Wynn called out toward the house for his son-in-law to come out. When Wynn's son-in-law, David McLain, came out and saw what was happening, he tried to tell Wright who Wynn was. Wright, however, told McLain to "shut up and get [his] ass back in the house" and said that if McLain did not "shut up" then Wright would "lock [him] up, too." As Wright was telling Wynn to get into his car, a deputy sheriff arrived and identified Wynn (who was on his knees beside Wright's car). Wright then released Wynn, who was covered with blood and dirt and was suffering from an injured shoulder. Later, Wright said to Wynn, "Fellow, I made a mistake."
The dispositive issue is whether Wright was entitled to a judgment as a matter of law with respect to Wynn's false imprisonment and assault and battery claims. Wright argues that the trial court should have either directed a verdict in his favor or later granted his motion for a judgment notwithstanding the verdict, based on the doctrine of discretionary function...
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